Terms & conditions

§ 1. DEFINITIONS

1. The terms used herein shall have the following meaning:

   1. Administrator (of the website) – L4D Sp. z o.o. (limited liability company), with its registered office in Kamionka, ul. Przy Stawie 1, 05-502 Kamionka, Poland NIP (Tax Identification Number-VAT): PL123-143-65-54, REGON (Statistical Number): 383301934.

   2. Website, Look4dog – organised Internet Website consisting of pages and other Internet tools that are made available by the Administrator at the following address: www.look4dog.com via the Internet.

   3. User – a person using the electronic services offered by the Administrator via the Website and using the Website in any other way, particularly a natural or legal person having a contract for the Account on the Website who has gained access to the services by accepting these Regulations.

   4. Company – a natural person running business activities in the form of single-person or civil law partnership, or a legal person, including legal person without corporate status, in accordance with the definitions included in the Code of Commercial Companies and Partnerships.

   5. Contents – elements of publications and other materials made available via the Website, particularly photos, texts, Private Messages, graphic elements, video materials, including those that constitute work within the meaning of the Act of  4 February 1994 on Copyrights and the Neighbouring Rights.

   6. Breeder Account – page in the website which is made available free of charge, for an indefinite period of time, to the User who runs a Kennel where they can enter, modify and delete their data, the data of the Kennel, descriptions, photographs, films and other elements related to the use of the Website that other Users may view and that may be used by Look4dog on terms and conditions set forth in these Regulations and upon obtaining relevant consents of a given User.

   7. Internet User Account – Website page which is not the Breeder Account, which is made available to the User free of charge for an indefinite period of time and where the User may send and receive Private Messages from the User using the Breeder Account.

   8. User Account means a Breeder Account and an Internet User Account, jointly or separately, depending on the context.

   9. Private Message – type of electronic text message, with attachments, sent by or to the User to or by another User or Administrator.

   10. Comment – text information expressing the User’s opinion.

   11. Kennel – breeding facility for pedigree dogs whose goal is to perfect individual breeds of dogs in terms of physical, psychological and functional characteristics, with consideration given to scientific principles and relevant provisions of the law, clearly identified by the breeding nickname registered by one of the kennel organisations approved by the Administrator. 

   12. Kennel Business Card – description of the Kennel prepared by the User with the Breeder Account and posted on the Website on terms and conditions set forth in the Regulations.

   13. Kennel / Litter Name – breeder’s own names described on the Website.

   14. Regulations – this document.

§ 2 GENERAL PROVISIONS

1. These Regulations determine the terms and conditions of use of the Website for the Users, including professional dog breeders, in order to disseminate knowledge about professional approach to pedigree dog breeding and enable bringing breeders and buyers together. Within the scope of use of individual services provided via the Website, the Administrator reserves the right to introduce terms and conditions other than those arising from these Regulations.

2. Before starting to use the Website, the Users shall be obliged to read the contents of the Regulations. Using the Website in any way shall be tantamount to the acceptance of the provisions of the Regulations and the commitment to follow them.

3. The User shall be obliged to use the Website in accordance with the currently applicable provisions of the law, the provisions of these Regulations, and the rules of social co-existence and good manners.

4. The Administrator reserves the right to limit access to a part or the whole of contents presented on the Website to some Users in the event of:

   1. use of technology (including hardware or software) affecting the mode of operation of the Website, including particularly the reception of contents presented via the Website; 

   2. violation of the provisions of the law, provisions of these Regulations, rules of social co-existence or good manners by the User of the Website;

   3. the User of the Website acting to the detriment of the Administrator, other users of the Website or third parties,

5. The Administrator reserves the right to delete Contents added by individual Users and to fully block the User Account if such Contents are contrary to the principles of the Website, the provisions of the law or the Regulations.

6. The use of some Services offered via the Website may require the User to submit personal data. Personal data of Users shall be processed by the Service Provider in accordance with the applicable provisions of the law on these matters, particularly in accordance with the Regulation of the European Parliament and of the Council (EU) No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, national legislation on the protection of personal data and the Act on the Provision of Services by Electronic Means of 18 July 2002 (Dz.U. [Journal of Laws] 2017, item 1219, uniform text, as amended). Detailed principles for the processing of personal data as part of the Website shall be set forth in the Privacy Policy (https://www.look4dog.com/en_gb/privacy-policy).

7. The goal of these Regulations shall not be to restrict or exclude the rights of Users, particularly the consumers, vested in them under the mandatory provisions of the law; therefore, in the event of any discrepancy between their provisions and the above-mentioned provisions of the law, the above-mentioned provisions of the law shall prevail. Within the scope of Users who are not consumers, these Regulations shall be applied in the first place.

§ 3. USE OF THE WEBSITE AND PROVIDED SERVICES

1. The minimum technical requirements for the ICT system used by the User and enabling the proper use of the Website shall be as follows: a device with Internet access and Internet browser. To use the full functionality of the Website or electronic services provided by the Administrator, it may be necessary to enable in your browser the SSL protocol for secure data transmission, Java Script, Java, Flash and cookies. The User is informed about this via relevant messages.

2. The Administrator enables the use of Website for the following Internet browsers and their versions: Internet Explorer 11 and higher, Edge 14 and higher, Firefox 49 and higher, Chrome 54 and higher, Safari 10 and higher, Opera 40 and higher, iOS Safari 10 and higher, Android Browser 52 and higher, Chrome for Android 53 and higher, together with the operating system supported and updated by the manufacturer.

3. At the Website, the Administrator enables the Users to use free and payable electronic services, as described in this paragraph, provided on a 24/7 basis. These services allow the Users to benefit from the Internet resources, and particularly to view the materials presented at the Website and benefit from various IT mechanisms operating there.

4. The following electronic services shall be available via the Website:

   1. User Registration Form – the use of the registration form involves entering the required data of the User, including personal data, and confirming the willingness to register, as a result of which an individual User Account shall be created. The login shall be the email address, while the password is confidential. The User shall be liable for the disclosure of their data to third parties. The contract for the provision of service of allowing the User to register with the form shall be concluded for a definite period of time and shall expire accordingly upon the creation of the individual User Account.

   2. User Account which may be used free of charge after filling in the registration form and confirming the willingness to set up an Account and the terms and conditions of using the Internet Website. The User Account shall be activated with a generated link sent to the electronic address of the User given during registration. Upon the activation of the User Account, the Contract for the provision of service of running the User Account shall be concluded for an indefinite period of time. Such Contract shall be terminated upon the deletion of the User Account from the Website upon their request, independently or as a result of legitimate actions of the Administrator. 

   3. Kennel Business Card Service at the Website – every registered User having a Breeder Account may generate at the Website a paid Business Card of the Kennel which allows for the profile of their Kennel to be displayed at the Website and for other Users to find this profile. The Kennel Business Card Service is payable in line with the currently valid price list for a period of time selected by the User. Upon the lapse of the period of time for which the Breeder has paid for the Kennel Business Card, it shall cease to be visible till the payment is made for the next period of time. 

   4. Service of Promotion of the Kennel Business Card – service which allows for the Business Card of the Kennel of the registered User to be distinguished and promoted upon paying the fee consistent with the price list which is available before the conclusion of the contract for the promotion service. 

5. While using the services provided by electronic means, the User shall be obliged to enter current and true data, and to update them in the case of changes.

6. The User may have only one User Account assigned to one email address.

7. It is prohibited to disclose the password to the User Account to any third parties.

8. The electronic services made available by the Administrator via the Website may additionally be used on the basis of special arrangements, including regulations, price lists, about which the User shall be informed from time to time on the Website pages dedicated to making such services available.

9. The Administrator stipulates the possibility to select and change the type, form, time and manner of granting access to selected listed services, and shall inform the Users about this fact in a way proper for the change of Regulations.

10. The principles for controlling personal data as part of electronic services provided by the Administrator shall be set forth in the Privacy Policy.

11. Any comments, requests and complaints concerning the operation of the Website and electronic services provided via the Website shall be submitted to the email address: pomoc[at]look4dog.com or in writing to the address given in the beginning of these Regulations. 

§ 4 PROHIBITIONS CONCERNING THE USE OF THE WEBSITE

1. At the Look4dog Website, all actions that are not directly permitted in the Regulations are prohibited, particularly: (a) actions that would disrupt the operation of the Website, make the use of the Website or access to it or its contents difficult; (b) publication of spam and unsolicited trade information; (c) use of viruses, bots, worms or other computer codes, files or programmes (particularly those that automate the script and application processes, or other codes, files or tools); (d) undertaking other actions causing damage to the Website, the Administrator or Users, or threatening their rights or interests.

2. At the Look4dog Website it is particularly prohibited to:

   1. conduct actions non-compliant with the law or promote dangerous or unlawful behaviours. 

   2. Include, particularly in the Kennel Business Card, Contents with email addresses, links and logos directing to websites other than those belonging to the Administrator.

   3. Publish Contents commonly considered as offensive, characteristic of unfair competition, violating copyrights or other intellectual property rights, and harmful to the reputation of the Website, the Administrator or their partners.

   4. Publish untrue or misleading Contents.

   5. Send viruses, malicious software or any other malicious or harmful code. 

   6. Post Contents causing damage or disruptions in the operation of the network, servers or other companies.

   7. Post Contents propagating hatred or calling for violence against groups distinguished by race or ethnic origin, religion, disability, sex, age, veteran status, sexual orientation or sex identity.

   8. Disclose personal data or confidential information of other persons without their consent. This applies, for example, to credit card numbers, PESEL (Polish personal identification number) and passwords to accounts.

   9. Use the User Account of another User without their consent.

   10. Post Contents depicting the exploitation of children, such as child pornography or Contents showing children as sexual objects. 

   11. Post spam, including undesired promotion and advertising materials, and unwanted Contents or Contents sent in bulk, particularly with the use of Private Messages.

   12. Post Contents depicting nudity and sexual acts or other pornographic materials. It is also prohibited to direct Users to pornographic sites.

   13. Issue to anyone, and particularly other Users, any threats, inappropriate statements, personal attacks, or use words commonly considered as defamatory or offensive.

   14. Impersonate others.

   15. Promote actions not compliant with the regulations on animal rights protection or kynological principles. 

3. Should such actions be observed, the User Account shall be automatically and promptly blocked. 

4. The User may report all irregularities in the Website operation by way of complaints. The complaints shall be considered by the Website Administrator in the shortest possible period of time, not longer than 30 days.

5. The Administrator may terminate the Contract concluded in accordance with the Regulations, upon one-month notice, in cases indicated in these Regulations and for valid reasons, particularly Website shutdown, change of its profile, change of the provisions of the law, change of technical conditions of the provision of the service, change of conditions of services provided by third parties to the Administrator and necessary for the provisions of services.

6. The User may terminate the Contract at any time by sending relevant statement to the Administrator or deleting the User Account. The termination of the Contract before the lapse of period of time for which payment has been made for the Kennel Business Card or another paid service shall be tantamount to the termination of the Contract without notice by the User, which shall result in the impossibility of reimbursement of funds for the unused period of time from the Administrator. Within the scope of consumer rights, the provisions of the law on consumer sales shall apply. 

§ 5 LIABILITY

1. The Administrator shall not be liable for the disruptions, including breaks, in the operation of the Website caused by the necessity to perform technical operations regarding hardware or software by the User and by force majeure, prohibited operation of third parties not related to the Administrator, or due to incompatibility of the Website with technical infrastructure of the User, which shall not preclude the liability of the Administrator towards the consumer for remedying damage caused by non-performance or improper performance of obligation, unless the non-performance or improper performance results from the circumstances not attributable to the Administrator. 

2. The Administrator shall not be liable for damage caused by the actions or omissions of the Users of the Website, particularly for their use of the Website in a way contrary to the applicable provisions of the law, these Regulations or special provisions referred to in § 2-4 of the Regulations, and for damage arising from giving incomplete or untrue data, which shall not preclude the liability of the Administrator towards the consumer for remedying damage caused by non-performance or improper performance of obligation, unless the non-performance or improper performance results from the circumstances not attributable to the Administrator.

3. The Administrator shall not be liable for the Contents received and sent by the Users of the Website via the Internet. In particular, the Administrator shall not be liable for the way in which the User uses the Website and for any consequences resulting therefrom, which shall not preclude the liability of the Administrator towards the consumer for remedying damage caused by non-performance or improper performance of obligation, unless the non-performance or improper performance results from the circumstances not attributable to the Administrator.

4. The User represents that they have full rights to the materials posted by them, particularly the Contents.

5. The Administrator shall have the right to delete the material posted by the User, particularly the Contents. The User shall be informed about the deletion of material posted by them, particularly the Contents, with the cause of deletion stated.

6. While making it possible for the User to post and distribute Contents with certain technical solutions functioning as part of the Website, the Administrator shall not be liable for their form and contents. In particular, they shall not be liable for the contents of adverts and announcements posted as part of the Website, as well as any other contents originating from the Users of the Website and distributed by them via the Website. This shall not preclude the liability of the Administrator towards the consumer for remedying damage caused by non-performance or improper performance of obligation, unless the non-performance or improper performance results from the circumstances not attributable to the Administrator. 

7. If the User violates any copyrights, the Administrator shall have the right to delete the Account of the User who has violated copyrights and these Regulations.

8. The Administrator of the Website shall not be liable for the materials, particularly Contents, posted by the User, but they shall exercise all efforts to delete/ block materials contrary to the Regulations, particularly if they are informed about the violations by other Users.

9. Should you become aware of material, Contents or User violating the rules of operation of the Website, please report them to the Administrator to the email address indicated in the Regulations. 

§ 6 INTELLECTUAL PROPERTY RIGHTS

1. The Website and the Contents included therein, including particularly software, graphic and functional layout, works, trademarks, databases, texts, photos, graphics, sounds, IT programmes and multimedia materials, shall be subject to legal protection stipulated in the applicable provisions of the law, particularly in the Act of 4 February 1994 on Copyrights and the Neighbouring Rights (Dz.U. [Journal of Laws] 2017.880, uniform text), Act of 27 July 2001 on the Protection of Databases (Dz.U. [Journal of Laws] 2001.128.1402), Act of 30 June 2000 on Intellectual Property Rights (Dz.U. [Journal of Laws] 2017.776, uniform text) and Act of 16 April 1993 on Combating Unfair Competition (Dz.U. [Journal of Laws] 2018.419, uniform text).

2. All rights to the Website and all its elements referred to in the preceding section shall be vested in the Administrator or third parties. The Administrator makes available Contents to which copyrights belong to third parties under the currently applicable provisions of the law or concluded contracts.

3. The use of Contents made available on the pages shall not mean that the User gains any non-material property rights to the works or databases made available.

4. Without prior consent of the Administrator, the Users may use the Website and its Contents, including works and databases posted therein, only as part of permitted use provided for in the Act on Copyrights and the Neighbouring Rights and the Act on the Protection of Databases. In particular, it shall be prohibited to copy, modify, block, publicly show and publicly make available on the Internet the Website or its parts and Contents posted therein, with the exception of cases indicated in the provisions of the law applicable to these matters. It is also prohibited to download the contents of databases and re-use them in full or in part of substantial quality or quantity.

5. The Users making available at the Website the Contents to which copyrights belong to third parties shall assume liability for obtaining consent of the entitled entities for sharing those contents. Therefore, while making the above-mentioned contents available, the Users represent that they are free from any physical and legal defects and third-party claims, and that they have all the authorisations and consents required under the applicable provisions of the law, including to potentially use the image and for the contents to be made available at the Website, and this shall not lead to the violation of any rights or interests of third parties and the currently applicable provisions of the law.

6. In the event of any claim is submitted against the Administrator that is based on the violation of copyrights of third parties by the User, the User shall indemnify the Administrator against the costs or liabilities that may arise from the claims against the Administrator submitted by third parties if such claims arise due to the Administrator’s use of works being the result of Contents posted by the User, and the User shall assume liability within such scope.

7. The Users who make available at the Website the contents to which they hold copyrights as creators shall give their consent to their use by other Users within the scope of permitted use.

8. For the avoidance of doubts, the User states that by posting the Contents in the Online Shop, they grant the Administrator with non-exclusive licence to use the Contents for an indefinite period of time, on the Internet, for the purposes related to the running of the Website, including publication of Contents in a way that everyone has access to it at the time and place of their own choosing. On the basis of the granted licence, the User authorises the Administrator to use the Contents posted by them at the Website in a way consistent with its intended purpose, and authorises the latter to make any number of backup copies. Under the licence, the Administrator acquires the right to modify and further develop the Content according to their own needs. These changes may be made both by the Administrator and upon its order.

§ 7 PAID SERVICES

1. Browsing of the Contents of the Website and setting up the User Account shall be free.

2. The Kennel Business Card Service and the Service of Promotion of the Kennel Business Card, as well as other elective options at the Look4dog Website, must be paid for. 

3. The Kennel Business Card shall be visible to other Users only after making payment for the period of time selected by the User. The price list shall be available at https://www.look4dog.com/en_gb/subscription-plans-for-breeders, and during registration.

4. The User with the Breeder Account shall be able to promote the Kennel Business Card by reporting their willingness to do so and making payments in accordance with the applicable price list. They may also use, at any time, additional paid options of the Website available for registered Users after accepting the terms of a given service and making payments in accordance with the currently applicable price list. The User shall make payments via the payment module made available, and then receive the payment confirmation in the form compliant with the currently applicable provisions of the law to the email address provided during registration.

§ 8 CORRESPONDENCE AND CONTACT

1. Any contact of the Administrator with the User shall be based on the User’s approval of these Regulations and granting of relevant consents, and with the use of personal data provided by the User as part of using the Website, including IP, full name, electronic mail address, phone number, place of residence (street, building number, flat number, postal code, city, country), localisation data with marking placed on the map by the User.

2. The provision of such data is voluntary and they are processed for the purposes of contacting the User, providing them with information, also electronic information, within the scope permitted by the law: the User shall receive to the email address given by them, among other things, Website information, as well as other commercial information sent by the Administrator, including advertisements of own or similar goods or services. In particular, the User may (but does not have to) give consent to receiving trade information or marketing materials from the Administrator or entities cooperating with it, e.g. electronic Newsletter with offers. Such information shall be sent to the email address indicated by the User.

3. The Newsletter may particularly contain the latest data, opinions or comments related to the issues of breeding pedigree dogs. They may also contain marketing information from the Administrator’s collaborators within the scope of offered services and goods. 

4. The basis for the processing of personal data provided by the User shall be Article 6 section 1 letters a and f of GDPR, that is legitimate interest of the Administrator. The legal basis for the processing after the term of the contract shall also be a legitimate purpose of the Administrator, that is archiving correspondence in order to ensure the possibility of proving certain facts in the future (Article 6 section 1 letters a and f of GDPR).

5. When it comes to the processing of information that does not come from the User and has been collected automatically by the mailing system of the Website, the basis shall be the legitimate interest of the Administrator (Article 6 section 1 letter f of GDPR) that involves the analysis of subscribers’ behaviour in order to optimise the mailing activities.

6. The mailing system used by the Website shall record all activities and actions undertaken by the User in relation to the emails sent by them (date and time of opening the message, clicks on the links, moment when they unsubscribe, etc.).

7. The Controller may also conduct remarketing  on the basis of Article 6 section 1 letter f of GDPR (legitimate interest of the controller which involves the promotion and advertising of services addressed to the persons who have subscribed to the newsletter by uploading the email addresses provided by the subscribers to the marketing tool offered by Facebook Inc., that is ad manager, and then they shall receive ads created by the Controller or authorised persons via the Controller’s advertising account provided that the newsletter subscribers simultaneously use the Facebook platform (that is have a Facebook account). These data are deleted, from time to time, after the end of the advertising campaign. In the event of the next advertising campaign, an updated database of subscribers is uploaded to the tool. Detailed information on non-standard groups of recipients and rules for data hashing and processing can be found in the Facebook privacy policy at https://www.facebook.com/legal/terms/customaudience# and https://www.facebook.com/legal/terms/dataprocessing, and the Controller recommends every User and subscriber to read those rules.

8. The User may themselves resign from receiving the messages at any time by unchecking a relevant box in their Account.

9. When the User gives their consent, the registration of Account by the User may lead to the User being contacted by a representative of the Administrator (Call Centre) at the phone number provided by the User and having a phone call conducted whose purpose shall be:

   1. verification of the User’s identity,

   2. proposal of services and trade products to the User. 

10. Phone calls are recorded by the Service Provider. The User gives their consent to the recording of the call. If they do not give their consent, they should end the call immediately. 

11. It is not possible to take the call without recording it.

12. During the phone call the User gives their consent(s) to the processing of personal data by the Service Provider in order to enable their further transfer to the collaborators of the Administrator or its partners.

§9 CLAIMS

1. If the User thinks that the Services are not provided by the Administrator or are provided contrary to the provisions of the Regulations, they may submit a claim to the email address: administrator@look4dog.com The claim should include the full name and email address of the User, description of the facts and reported objections, otherwise they shall be called upon by the Administrator to complete the claim.

2. The Administrator shall consider the claim within 30 (thirty) days from the date of claim service. If the situation requires any explanatory proceedings, the Administrator reserves the right to extend the deadline for considering the claim, but not longer than 60 days from the claim receipt, and the User submitting the claim shall be promptly informed about this fact.

3. The information about the result of the claim shall be sent by the Administrator to the User to the email address stated in the claim. 

§10 FINAL PROVISIONS

1. For all matters not provided for in these Regulations, the provisions of the Civil Code and other relevant acts shall apply.

2. Any doubts arising from the interpretation of the Regulations shall be interpreted in a way ensuring the compliance of the Regulations with the mandatory provisions of the law, particularly provisions on consumer rights.

3. Provided that they previously provide the User with the amended Regulations, the Administrator shall reserve the right to amend the Regulations for valid causes, and particularly such causes as the change of the provisions of the law, change of technical conditions of service provision, change of conditions of services provided by third parties to the Administrator and necessary for the provision of services, and changes within the scope of the range of provided services.

4. In the event of introducing any changes to the Regulations, the Administrator shall promptly notify the User about this fact, at least 14 days prior to the introduction of changes, by notifying them via email and via publication of uniform text of the Regulations at the Website and indicating the effective date of the Regulations.

5. If the User does not accept the introduced changes, by the deadline indicated in the notification sent by the Administrator, they may terminate the Contract for the provision of service of running the User Account by providing relevant statement to the Administrator or deleting the User Account. If the User does not exercise the above-mentioned right, the amended Regulations shall become effective on the date indicated in the above-mentioned notification.

6. These Regulations shall be available in electronic version at the Website. Their contents may be recorded by the User by printing, saving on a medium or downloading at any time from the Website where they have been made available.